Explosives Amendment Regulations 1993 (WA)
| 52 | GOVERNMENT GAZETTE, WA | [11 January 1994 |
| MN301 | EXPLOSIVES AND DANGEROUS GOODS ACT 1961 EXPLOSIVES AMENDMENT REGULATIONS 1993 |
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Explosives Amendment
Regulations 1993.
Principal regulations
2. In these regulations the Explosives Regulations 1963* are referred to as
the principal regulations.
[* Reprinted in the Gazette of 13 January 1981 at pp. 53-98. For amendments to 4 August 1993 see 1992 Index to Legislation of Western Australia, Table 4, pp. 70-71.] Regulation 2 amended
3. Regulation 2 of the principal regulations is amended —
(a) by inserting after the regulation designation "2." the subregulation designation "(1Y';
(b) by inserting after the definition of "approved" the following definition —
"Australian Explosives Code" means the Australian Code for the Transport of Explosives by Road and Rail (Australian Explosives Code) prepared by the standing national Advisory Committee on the Transport of Explosives by Road and Rail and published by the Department of Transport and Communications Federal Office of Road Safety;
and
(c) by inserting the following subregulations —
regulations. (2) For the purposes of these regulations, a reference in the Australian Explosives Code to —
(a) "Competent Authority" shall be taken to be a reference to the Chief Inspector; (b) "should" shall be taken to be a reference to "shall".
(3) Where a provision of these regulations requires —
any act or thing to be done in a manner
(a) specified in or in accordance with, the Australian Explosives Code; or
(b) any thing to be in accordance with the Australian Explosives Code,
the requirement only applies to the extent that it is not inconsistent with any other provision of these
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Regulation 79 repealed
4. Regulation 79 of the principal regulations is repealed.
Regulation 80 amended
5. Regulation 80 of the principal regulations is amended by deleting "Except where otherwise provided, nothing in the following regulations for
conveyance of explosives" and substituting the following - - a Unless the contrary intention appears in this Part or in the
Australian Explosives Code, nothing in this Part
Regulation 81 amended
6. Regulation 81 of the principal regulations is amended -
(a) by deletin "the explosives set out in regulation 80 of these regulations and substituting the following -
explosives of sub-class 1.4 "; and
(b) by deleting "such of the regulations as relate to the conveyance of explosives and substituting the following -
the requirements of this Part
Regulations 84,85,86 and 87 amended
7. Regulations 84, 85 86 and 87 of the principal regulations are amended
by deleting "vehicle or" in each place where it occurs.
Regulation 88 amended
S. Regulation 88 of the principal regulations is amended by deleting
"vehicle, vessel, compartment or receptacle and substituting the following -
vessel, or compartment or receptacle in a vessel,
Regulation 89 amended 9. Regulation 89 of the principal regulations is amended -
(a) in subregulation (1) by deleting "or vehicle";
(b) in subregulation (5) by deleting "in the driver's compartment of a vehicle, or"; and
(c) in subregulation (6) by deleting "or vehicle".
Regulations 92A to 92G Inserted
10. The principal regulations are amended by inserting after the heading
"Conveyance by Read." the following regulations -
U
Loading etc. of explosives to be in accordance with
Australian Explosives Code92A. For the purposes of section 37 of the Act, explosives shall be loaded or unloaded on to or from a vehicle in accordance with the relevant requirements of the Australian Explosives Code.
| 54 | GOVERNMENT GAZETTE, WA | [11 January 1994 |
Carriage of explosives to be in accordance with Australian
Explosives Code921L For the purposes of section 37 of the Act, explosives shall be carried or conveyed, or caused to be carried or conveyed, on or in a vehicle in accordance with the relevant requirements of the Australian Explosives Code.
Prescribed quantity of explosives for licence
92C. For the purposes of section 38 of the Act,, the prescribed
quantity for -
(a) 250 kilograms; blackowder (as packaged for small arms) is (b) for small arms) is 250 kilograms; smokeless powder of classification 1.1C (as packaged (c)
is 250 kilograms; classification 1.1A or detonators of classification 1.1B) explosives of sub-class 1.1 (except explosives of (d) detonators of classification 1.1B is 5 000 items; (e) explosives of sub-class 1.2 is 250 kilograms; (f) explosives of sub-class 1.3 is 1 000 kilograms; and (g) explosives of sub-class 1.5 is 250 kilograms.
Explosives to be packed and labelled etc. in accordance with Australian Explosives Code
92D. For the purposes of section 41 of the Act, explosives -
(a) delivered for carriage in a vehicle; or (b) carried in a vehicle,
shall be packed and labelled, branded or marked in accordance with the relevant requirements of the Australian Explosives Code.
Vehicles used to carry explosives to be constructed,
Code marked etc. In accordance with Australian Explosives 92E. A person shall not use any vehicle to carry explosives unless the vehicle -
(a) is constructed; (b)
carries or has attached to it fittings and appliances; and
(c) is marked, in accordance with the relevant requirements of the Australian
Explosives Code.Persons carrying explosives by vehicle to complete documentation required by Australian Explosives Code
92F. A person shall not carry any explosives in or on a vehicle unless the relevant documentation required by the Australian Explosives Code has been duly completed.
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Requirements for drivers of vehicles carrying explosives
92G. (1) A person shall not drive a vehicle carrying explosives unless the person -
is the holder of a licence or permit under the Act
(a) authorizing the person to have possession of those explosives; or
(b) has completed and passed an approved course of
training. - A person shall not deliver explosives forcarriage in a complies with the requirements of subregulation (1) (a) or (b).
vehicle unless the person is satisfied that the driver of the vehicle (2) (3) A course of training approved for the purposes of instruction on - subregulation (1) (b) or regulation 103 (2) (n) shall include the requirements of these regulations and the
(a) Australian Explosives Code; (b) the procedures to be followed in an emergency situation;
(c) the use of emergency equipment; (d) the marking and labelling of explosives; and (e) the hazardous nature of the explosives to be carried.
Regulations 93, 95, 96, 98, 100,101 and 102 repealed
11. Regulations 93, 95, 96, 98, 100, 101 and 102 of the principal regulations
are repealed.
Regulation 103 amended
12. Regulation 103 of the principal regulations is amended -
(a)
in subregulation (1) by deleting "that which may be carried in regulations" and substituting the following - accordance with paragraph (a) of regulation 102 of these
'4
the prescribed quantity for those explosives under
regulation 92C
and
(b) in subregulation (2) -
(i) substituting the following - paragraph (a) of regulation 102 of these regulatione and by deleting "that which may be carried in accordance with
'4
the prescribed quantity for those explosives
under regulation 92C
(ii) and (m); and by deleting paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (1), (j)
(iii) by deleting paragraph (n) and substituting the following paragraph -
'4
(n) The licensee shall ensure that the driver has completed and passed an approved course of training.
| 56 | GOVERNMENT GAZETTE, Wk | [11 January 1994 |
Regulation 104 amended
13. Regulation 104 of the principal regulations is amended —
(a) regulation? and substituting the following — in subregulation (2) by deleting *regulations 103 and 105 of these
" the requirements of these regulations "; and (b) by repealing subregulations (3) and (4).
Regulation 105 repealed
14. Regulation 105 of the principal regulations is repealed.
Regulation 106 amended
15. Regulation 106 of the principal regulations is amended by repealing
subregulations (1), (2), (6), (7), (8), (9), (10), (11) and (12).
Regulation 107 repealed and a regulation substituted
16. Regulation 107 of the principal regulations is repealed and the
following regulation is substituted —
Application of Part
107. This Part applies to explosives —
(a) imported into, or stored in, the State; or (b) conveyed, otherwise than by road, in the State.
Regulation 10'7A inserted
17. After regulation 107 of the principal regulations the following
regulation is inserted —
Packing and labelling etc. of explosives generally
107A. Subject to regulation 108 (6), explosives to which this
• Part applies shall be packed and labelled, branded or marked in the same manner as explosives carried in a vehicle in accordance with the requirements referred to in regulation 92D. Regulation 108 amended
18. Regulation 108 of the principal regulations is amended by repealing
subregulations (1), (2), (3), (4) and (5).
Regulations 109 to 112 repealed 19. Regulations 109, 110, 111, 111A and 112 of the principal regulations
are repealed.
By His Excellency's Command,
D. G. BLIGHT, Clerk of the Council.
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